(also known as Access Device Fraud)
Federal prosecutors make no distinction between white collar credit card fraud (also known as Access Device Fraud) crime and violent crime. In fact, Federal prosecutors are very interested in prosecuting white collar cases leaving violent crimes for State prosecutor’s. That is because the United State’s Sentencing Guidelines urge harsh penalties for collar credit card fraud (also known as Access Device Fraud) offenses which are based on the amount of losses and other aggravating enhancements
Are you facing a Federal criminal investigation, have you received a “target letter” from an Assistant United States Attorney or a Federal Grand Jury Subpoena, had a Federal Search Warrant executed at your work or home, or actually been arrested by Federal authorities?
At Houlon Berman, we have over 50 years of experience representing clients in criminal matters in Maryland and the District of Columbia. We take pride in the results we get for our clients.
Our Managing Partner, Richard A. Finci, has many years of experience defending Federal criminal cases and is well-known for defending clients before the United States District Court in Greenbelt, Baltimore and the District of Columbia.
Every criminal charge has elements which the Government must prove to the jury beyond a reasonable doubt. The jury must reach a unanimous decision, and the jurors must presume that you are innocent unless proven guilty.
If you are charged with credit card or access device fraud, the elements of the offense, all of which the Government must prove beyond a reasonable doubt, are:
1) that the Defendant acted with intent to defraud,
2) that the Defendant knowingly used or trafficked in one or more unauthorized “access devices” [credit cards]
3) the Defendant obtained with the unauthorized access devices goods or services valued at $1,000 or more during a one-year period; and
4) that the Defendant’s conduct had an effect on interstate or foreign commerce.
At Houlon Berman, we focus on establishing your defense by attacking each element of the offense, by investigating and attacking the credibility of the witness and the evidence against you and by investigating and proving any affirmative defenses that may be available to you.
Of course, it is well known that many cases end in plea agreements. If your cases is one in which a plea agreement is desirable or otherwise offers you real options that cannot be ignored, at Houlon Berman, we will fight to obtain the best possible plea agreement for you, explain everything that goes into obtaining such an agreement, and make sure that you are fully comfortable with the decisions you will need to make.
Expertise in and understanding of the United States Sentencing Guidelines is critically important in the defense of any Federal Criminal collar credit card fraud (also known as Access Device Fraud) charge. Richard Finci has been a member of the Maryland Commission on Criminal Sentencing Policy appointed by the Governor of Maryland since 2004 (which focuses on State Law),has attended many seminars on the Federal Sentencing Guidelines and is an expert in the analysis and application of those Sentencing Guidelines as well as in the tactics and strategy to reduce the sentencing guidelines which you face in your case.